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July 2016 Volume 11, Issue 4
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Thanks to Our Communications Sponsors!
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SESWA Board of Directors
Executive Committee
President:
Jeff Corley, PE, CSM
City of Concord, NC
Vice President:
Buddy Smith, EPSC II
Hamilton County, TN
Secretary-Treasurer:
Hillary Repik
Town of Mount Pleasant, SC
Immediate Past President:
Steve Leo
Gwinnett County, GA
Board Representative:
Thomas Miller
City of Birmingham, AL
Board Members
Sam Amerson, PE
City of Stuart, FL
Tracey Barrow
Sumner County, TN
Sean Blake
Sanitation District #1, KY
Patrick Blandford, PE
HDR
Kenneth Carper, PE, CFM
Stantec Consulting Services
Hal Clarkson, PE, CFM
Woolpert
Joe Fersner, PE
Bowman Consulting Group
Ebenezer Gujjarlapudi
Mecklenburg County, NC
Kyle Hall
City of Charlotte, NC
Laurie Hawks
Brown and Caldwell
Scott Hofer
Jefferson County DOH, AL
Robert Kjelland, PG, CHMM
University of Kentucky
David Mason, PE, DWRE
CDM Smith
Thomas Miller
City of Birmingham, AL
Jennifer Norton
City of Chattanooga, TN
Kevin Osbey
Clayton County Water Authority
Jacques Palmer
Columbia County, GA
Frank Pandullo
Charleston County, SC
Judy Wortkoetter, PE
Greenville County, SC
Jack Wright, PE
Warren County, KY
Executive Director
Kurt Spitzer
KSA/AMP
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I often ask members why they joined SESWA. Some have been members since we formed 11 years ago. Some have been members for only a few months. Some are from small towns with a population of a few thousand, while others represent major metropolitan areas of over a million people. The commonality of their answers to this simple question is striking: It seems to be all about relationships!
For the past 11 years SESWA has been bringing the most proactive stormwater programs in the southeast together with the most talented and dedicated stormwater consultants and innovative product vendors in the industry. As such, SESWA provides a unique opportunity for all of us.
Just now getting a stormwater permit? TMDL coming online soon? Trying to fund your program? No problem!!!
These SESWA relationships can be seen firsthand at our Annual Conference in October. I encourage everyone to attend. Also at the conference, we will elect the next leaders to the SESWA Board of Directors. We have opportunities in every state. If you are looking for an opportunity to get more involved and help lead the way, please let us know.
I challenge all members to forward this newsletter to one colleague who is a non-member. Show them that SESWA has value to you!
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SESWA Launches Discussion Board!
You asked - and we listened! The SESWA Community Forum is an online discussion board where members from all over the southeast can connect with other members, post questions and participate in discussions. It's a new way to ask questions and share answers with other stormwater professionals outside of your inbox and without having to create yet another account! Get started today! Just go to the How-To Guide.
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Southeast Regional Conference
Register now for the
11th Annual Regional Stormwater Conference! This year's Conference will focus on
Stormwater Solutions in Region 4. The Conference is always the
best-of-the-best in stormwater education in Region 4, with an Agenda developed by your peers throughout the southeast! You can learn about the latest technologies in an outstanding Exhibit Hall, hear from EPA on new regulatory initiatives and take advantage of the best networking opportunities with other stormwater professionals in the southeast! The Conference has sold-out for the past two years, so
register now for this October 19-21 event and join your colleagues in historic Birmingham, Alabama!
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WOTUS Update
Kurt Spitzer, SESWA
The focus of the
WOTUS litigation has now shifted to the U.S. Court of Appeals for the Sixth Circuit in Ohio, as briefings on the merits of the case have ceased in all District Courts and all other Circuit Courts of Appeal. However, SESWA's second complaint (in the First District Court for Northern Florida) remains active pending a decision by the 11th Circuit Court of Appeals, which is the appellate court for that area. The 11th Circuit Court is currently considering an appeal of a separate district court's order concerning the WOTUS rules. A decision from the 11th Circuit is expected late this year. Meanwhile, SESWA and its co-petitioners remain the only plaintiffs at the Sixth Circuit representing the interests of local government. If allowed to stand, the WOTUS rules will have
significant, negative impacts on local governments and water quality improvement programs - hence the challenge by SESWA and its co-petitioners.
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EPA's Next Generation Compliance Initiative
Patrick Blandford, HDR
EPA's Next Generation Compliance initiative was launched in 2014 but is worth revisiting as many of our permits are being rolled out with this initiative in mind. The initiative is a "modern approach to compliance" focusing on the following components: Regulation and permit design, innovative enforcement, advanced monitoring, transparency, and electronic reporting. Nationally, we have begun to see the mandate towards electronic reporting and in North Carolina the new draft NPDES Phase II permit is laying the ground work for peer audits or third party gap analysis as an alternative to annual assessments but a precursor to a much larger self-assessment program. This aligns with EPA's interest in creating transparency and relying on self-enforcement in light of decreasing compliance resources. Not everyone is on board with the new approach. Former EPA Criminal Investigations Chief, Doug Parker, explains in a reprint of an interview he gave with InsideEPA.
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BMPs, Green Infrastructure
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Proper Pervious Concrete Maintenance & Testing
Megan E. Jones, Warren County, KY
The Warren County Division for Stormwater Management partnered with the Kentucky Ready Mixed Concrete Association and the Tennessee Concrete Association in April 2016 to perform a demonstration of proper maintenance required for pervious concrete. The demonstration was held on the campus of Western Kentucky University, one of several pervious installments on campus was chosen for the cleaning demonstration. For more information please visit Warren County Stormwater.
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Maintenance Realities for SCM & GI
Jennifer Norton and Don Green, City of Chattanooga, TN
The maintenance of Stormwater Control Measures (SCM) and Green Infrastructure (GI) is a challenge to many stormwater professionals. SCMs, such as detention structures, become overgrown and non-functional due to time, a lack of education, ownership change, and difficulty in pond condition tracking. SWEEP (Stormwater Enhancement and Education Program) is a City of Chattanooga Water Quality Program opportunity for property owners to have SCMs brought up to standard with a one-time rehabilitation and/or possible retrofit for water quality improvements. After this one time improvement, owners are responsible for and educated about maintenance. Similarly, GI installations are common but maintenance is an ongoing challenge. Keeping up native plants or designed landscape on public property often goes beyond the breath of landscape crews, and departmental separation makes assigning or contracting the maintenance difficult. In an effort to address this problem, we have a landscape inspector with gardening expertise that is writing and enacting management plans for GI. This role bridges departments and divisions to ensure our planned, installed and future GI are properly functional and maintained!
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Implementation Strategies
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Improving Community Involvement in SW Quality Planning
Krista Citron, PE, CDP Engineers
The Youth Chamber of Preservationists (YCOPS) of Mt. Washington, Kentucky have set a new precedent for development in their town. The four newly-graduated Bullitt East High School students formed the group under Stormwater Quality Program Coordinator Dale Salmon to focus on the preservation of Mt. Washington's history, as well as caring for future generations. The group utilized the EPA Stormwater Calculator to examine proposed plans for a new library. By using the Calculator, they were able to estimate runoff for the site, and presented a revised proposal calling for bioswales, rain gardens, and rain barrels aimed at improving water quality. The group was very excited at the chance to introduce green infrastructure and LID principles to Mt. Washington. The result was a planning and design model for developers and city staff alike. In Spring 2016, the group received certificates signed by President Obama in recognition of their sustainability efforts, and their project earned second place in a national competition!
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Lake Okeechobee: Iconic Lake a Source of Nutrient Problems
Timothy Kelly, Amec Foster Wheeler
Lake Okeechobee (Lake O) has an extensive watershed that reaches as far north as the Orlando area. The lake's water level is controlled by the ACOE and levels must be managed to preserve the structural integrity of Hoover dike which surrounds the lake and prevents flooding of adjacent development. Lake O is a hypereutrophic lake that has a total maximum daily load for phosphorus, requiring a reduction of 105 metric tons of phosphorus from the contributing watershed. The Lake O discharge (as identified in their BMAP) represents 61% of the total nitrogen load to the nutrients into the St. Lucie Estuary on the Atlantic side. The discharges from the past few months have once again fueled algal blooms in both estuaries. This is an example of downstream waters being impacted by anthropogenic growth located far upstream. It's also a great example of issues beyond the control of MS4 operators in a region. In this case, agriculture, upstream MS4 entities and hydrologic alterations impact the two coastal locales. Large scale water quality issues like this require a committed partnership from the federal government down to all stakeholders within the cumulative watershed.
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Chesapeake Bay Standards for NC
Ken Carper, Stantec
Recently-passed HB 1030 has allowed North Carolina to adopt the policies and programs of the Chesapeake Bay water quality initiatives in the Falls Lake and Jordan Lake watersheds. Chesapeake Bay programs provide that stream restoration as one the primary stormwater control measure to assist with TMDL compliance. Section 14.13(i) of NC code reads: "Stormwater treatment practices that have been approved by the Chesapeake Bay Commission for TMDL compliance in the Chesapeake Bay watershed shall be allowed for TMDL compliance in the Jordan Lake and Falls Lake watersheds at the same pollutant removal efficiency value established for each such practice for the Chesapeake Bay watershed."
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Mecklenburg County Offers On-Site Mitigation retroFIT Grants
Mark Boone, Charlotte-Mecklenburg County, NC
Mecklenburg County Commissioners set aside $250K for on-site mitigation "retroFIT Grant" funds to reimburse recipients up to 95% of qualifying floodproofing expenditures. Funding availability is limited to structures within the regulated floodplain. For fiscal year 2016, more than 80 homeowners applied for grant funds using an online application. The types of projects to be funded include structure elevation or relocation, wet floodproofing, dry floodproofing, equipment elevation, basement abandonment and demolition. The program provides on-site technical assistance to help owners throughout the application process and until project completion. The fiscal year 2017 applications process will begin Summer/Fall 2016.
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Regulatory, Policy, Permits
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GDOT MS4 - Draft Permit Proposed by Georgia EPD
Mark Wyzalek, Macon Water Authority, GA
The Georgia EPD has issued for public review and comment, a draft MS4 permit for the Georgia Department of Transportation (GDOT). The proposed effective date is January 3, 2017. The draft permit provides that GDOT should coordinate with Phase I and Phase II MS4 permittees with regard to impaired waters. Runoff reduction requirements are included, as are requirements for documenting feasibility of incorporating Green Infrastructure/Low Impact Development in projects. The Georgia Stormwater Management Manual (Blue Book) is also required to be used. A public meeting has been scheduled for August 31st and written comments are being accepted.
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Tennessee Phase II General Permit Renewal Coming Soon
David Mason, CDM Smith
In various recent public presentations, TDEC has stated that the MS4 Phase II General Permit Renewal will be finalized and issued later this summer, pending incorporation of the numerous public comments received. TDEC regulators have stated that the permit is likely to be appealed by various interest groups. The public comments, including those from EPA, can be reviewed on the TDEC website. The State anticipates continuing with renewal of Phase I permits in chronological order of permit expiration date following issuance of the Phase II permits.
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NC Stormwater Rules Adopted by Environmental Management Commission
Patrick Blandford, HDR
North Carolina's Department of Environmental Quality has undergone a rules review as legislated by regulatory reform in 2015. The stormwater rules are the first of the Department's to progress quickly in response to this action and were adopted by the Environmental Management Commission on July 14, 2016. They still need to be approved by the Rule Review Commission this August. If approved, the new rules will likely be effective in early 2017. The Hearing Officer's Report includes public comments and responses received by the EMC.
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NACWA Corner
provided by the National Association of Clean Water Agencies
Revised CWA 404 Nationwide Permit & Potential TMDL Implications
The ACOE has proposed a revised
draft Nationwide Permit 27 (NWP 27) for public comment. NWP 27 is the primary national 404 permit dealing with work in streambeds. This is relevant for stormwater managers if their existing TMDL programs require restoration of streams. NWP 27 covers restoration, enhancement and establishment of wetlands and riparian areas, including stream restoration and enhancement. It requires that activities result in a net increase in aquatic function and value at the site. If a stream restoration project causes adverse impacts to adjacent wetlands or other jurisdictional waters, mitigation or payment of an in-lieu fee will likely be required. Should a conversion to another aquatic habitat type be necessary to accomplish the goals of the project, the entity would need to seek an individual CWA 404 permit, which often entails a lengthy and burdensome process.
Congress Leaves for Summer Recess with Unfinished Business
Members of Congress faced an extended summer recess with a handful of uncompleted appropriations bills. As a result, Congress will be under pressure when it returns to quickly pass a continuing budget resolution before the Fiscal Year ends September 30th in order to avoid a government shut-down. Although the past few months have exposed bitter partisanship, members of Congress did come together on comprehensive energy legislation and GMO food-labeling legislation before they left town.
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Don't see news from your state? Please contact us with your news or share your comments on our newsletter by emailing us at
SESWA@ksanet.net.
Southeast Stormwater Association www.SESWA.org (866) FOR-SESWA (367-7379)
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